The Performance Test is designed to assess a candidate's ability to perform tasks that a new lawyer would be expected to handle in practice. This includes drafting documents, analyzing legal issues, and applying the law to specific factual scenarios.
The Performance Test includes a case file with relevant facts, a library of legal authority (such as statutes and cases), and specific instructions on the task to be performed but list of potential witnesses is generally not part of the materials provided.
The candidate's ability to adhere to legal writing conventions, including clarity, organization, and professionalism tests effective communication is essential in legal practice, and responses are graded on these aspects.
Responses are typically expected to be in the format of a memorandum. This format allows candidates to clearly outline their analysis, apply the law, and present their conclusions in a structured manner.
Candidates are given 2 hours to complete the Performance Test. Managing this time effectively is crucial for reviewing the materials, planning the response, and drafting the required documents.